PERFORMANCE NATION SWEEPSTAKES - OFFICIAL RULES
PERFORMANCE NATION SWEEPSTAKES
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ALL APPLICABLE FEDERAL, STATE, LOCAL, AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE RESTRICTED OR PROHIBITED BY LAW.
1. Sponsor: The Performance Nation Sweepstakes (the “Sweepstakes”) is sponsored by Woodbolt Distribution, LLC d/b/a Nutrabolt (the “Sponsor”), 4407 Monterey Oaks Blvd, Suite 150, Austin, TX 78749. The Sweepstakes is in no way sponsored, endorsed, or administered by, or associated with, Facebook. By entering into the Sweepstakes, each Entrant acknowledges that he/she is providing information to Sponsor and not to Facebook.
2. Eligibility: The Sweepstakes is only open to (i) legal residents of the United States and the District of Columbia, (ii) who are eighteen (18) years of age or older at the time of entry, (iii) are a member of Sponsor’s Performance Nation Facebook Group (the “Group); and (iv) are not otherwise prohibited from entry as set forth herein (“Entrant(s)”). Membership to Facebook is free. Each Winner must have a valid social security number or a valid personal tax identification or he/she will be ineligible to win a Prize. Employees, officers, and directors (including immediate family members and members of the same household) of the Sponsor, its affiliated companies and subsidiaries, advertising and promotion agencies, and any other entities directly associated with this Sweepstakes (collectively, “Released Parties”) are ineligible to participate. By entering into the Sweepstakes, each Entrant acknowledges and agrees to these Sweepstakes Official Rules (“Official Rules”) and the decisions of Sponsor, which are final and binding in all respects.
3. Sweepstakes Entry Period: The Sweepstakes begins and ends on the date(s) and at the times identified in the caption of the Facebook Post (as defined below) via which Entrant navigated to these Official Rules (the “Sweepstakes Period”). The Sweepstakes Period may vary. Sponsor’s computer is the official timekeeping device for the Sweepstakes. Entries are limited to one (1) per eligible Entrant. All Entries in excess of this limit will be deemed void. Only fully completed Entries are eligible.
4. How to Enter: During the Sweepstakes Period, Entrants may enter the Sweepstakes by (i) liking the Sweepstakes post posted in the Group (the “Post”) and (ii) commenting in the comments section of the Post (collectively, an “Entry”). In the event of a dispute regarding the identity of the person submitting an Entry, the entry will be deemed submitted by the authorized account holder associated with the Facebook account used to enter via Facebook, regardless of the individual who submitted the entry. For purposes of this Sweepstakes, the “authorized account holder” is the natural person who is assigned the Facebook account by Facebook. Potential winner may be required to show proof of being the authorized account holder. If more than the permitted number of Entries is submitted for any drawing, only the first Entry received will be considered.
All Entries via Facebook must comply with the Terms of Service available at https://m.facebook.com/legal/terms , and Facebook Community Standards available at https://transparency.fb.com/policies/community-standards/ . Entries generated by robotic, programmed script, macro, or by other automated means will be deemed void. Entrants may not register with multiple Facebook accounts nor may Entrants use multiple devices to enter the Sweepstakes as multiple Entrants. Any Entrant who attempts to enter with multiple accounts under multiple identities will be disqualified in Sponsor’s discretion. Proof of submission of any Entry shall not be deemed proof of receipt by the Sponsor.
All Entries posted to enter the Sweepstakes must be commensurate with the Sponsor’s positive image and may not be offensive or inappropriate, as determined by Sponsor in its sole discretion. Comments must be suitable for online publication accessible to the general public. Sponsor reserves the right to eliminate any Entries that it determines, in its sole discretion, contain inappropriate content or content that may be deemed obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or unlawful, including without limitation, obscenities, threats, violence, unsafe behavior or situations, or disparagement of any product, service, or person.
5. Selection of Winner: A random drawing from all eligible Entries received during the Sweepstakes Period will take place within five (5) business days after the Sweepstakes Period ends. Sponsor or its designee will randomly select one (1) Winner. Winner will be posted in the comments by the brand within 5 business days after the Sweepstakes Period ends. Sponsor’s decisions are final and binding in all matters relating to this Sweepstakes. Entrants are deemed a winner pending confirmation and/or verification of eligibility (as further described in Paragraph 7 below) (the “Winner”) and in compliance with these Official Rules. The odds of winning a Prize (as defined below) depend on the total number of eligible Entries received during the Sweepstakes Period.
6. Prize: The Prize to be awarded to the Winner is as follows:
Prize and Approximate Retail Value (“ARV”) in USD
Total ARV of Prize (USD)
[2x C4 Ultimate® x Wounded Warrior Project® Pre Workout Powder – ARV $44.99 each]
|[3x C4 Ultimate® Carbonated Freedom Ice – ARV $39.99 each]||[$119.97 Total]|
Prize shall be identified in the caption of the Facebook Post.
7. Prize Conditions: Prize is nontransferable, and no substitution will be made except as provided herein at the Sponsor’s sole discretion. The Sponsor reserves the right to substitute any Prize with another prize of equal or greater value in the event that the designated Prize (or any component thereof) is not available for any reason. The Winner is solely responsible for all applicable federal, state, and local taxes and/or any other fees/costs associated with the Prize or receipt of the Prize. The Winner, as a condition to receiving any Prize, may be required to sign and return an affidavit of eligibility and liability/publicity release or similar document and/or complete, sign, and submit an IRS Form W-9 or equivalent form with the Winner’s full social security number or other U.S. taxpayer identification number within twenty-four (24) hours of Sponsor notifying Winner of his/her Prize eligibility. In the event (i) Sponsor or its designee is unable to contact any Winner within twenty-four (24) hours from the first notification attempt, (ii) any Winner fails to complete and return all requested forms or provide all requested information by the specified time, or (iii) any Winner fails to comply with any of the requirements in these Official Rules, such Winner’s Prize will be forfeited, and an alternate prospective winner will be randomly selected from all remaining eligible Entries received. Winner will be shipped their respective Prize within thirty (30) business days following the completion of the Sweepstakes and verification of the Winner. Sponsor or Sponsor’s designee may issue appropriate tax reporting forms related to a Winner’s receipt of any Prize.
8. Publicity Rights: The Winner’s acceptance of a Prize constitutes permission (except where prohibited by law) for the Sponsor to use said Winner’s name, likeness, statements, biographical information, voice, and address (city and state), in all forms of media, in perpetuity, without notice or further compensation.
10. Release & Assumption of Risk: By participating in the Sweepstakes, all Entrants (including Winner) agree to forever release, hold harmless, and indemnify Sponsor, Facebook, and the Released Parties from and against any claim or cause of action whatsoever related to Entrant’s participation in these Sweepstakes, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Sweepstakes or receipt or use or misuse of any Prize. Entrants waive any and all rights to claim ambiguity, should it even exist, in connection with these Official Rules.
BY ENTERING, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ENTRANTS FURTHER AGREE TO WAIVE ANY AND ALL RIGHTS TO BRING ANY CLAIM, ACTION, OR PROCEEDING AGAINST SPONSOR, FACEBOOK, AND THE RELEASED PARTIES RELATIVE TO THE PRIZE(S) AND HEREBY ACKNOWLEDGE THAT SPONSOR, FACEBOOK, AND THE RELEASED PARTIES HAVE NEITHER MADE NOR ARE IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT, OR IN LAW, RELATIVE TO ANY PRIZE, OR PRODUCT OR SERVICE PURCHASED THEREWITH, ITS QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR SUITABILITY FOR USE. The failure of Sponsor or the Released Parties to comply with any provision of these Official Rules due to any act of God, storm, hurricane, tornadoes, other inclement weather, fire, riot, earthquake, act of terrorism, act of public enemies, war, civil unrest, or actions by governmental authorities outside the control of Sponsor (excepting compliance with applicable law), or other force majeure event will not be considered a breach of these Official Rules by Sponsor.
Entrants who are California residents assume the above mentioned risks and agree that their release shall apply to all unknown or unanticipated results of the occurrences described above, as well as those known or anticipated, and such Entrants hereby knowingly waive any and all rights and protections under California Civil Code Section 1542, which section reads as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
11. Limitation of Liability: Sponsor, Facebook, and Released Parties shall have no responsibility or liability (including, but not limited to, liability for any property loss, damage, or injury (including death)) to any Entrants in connection with: (i) participation in the Sweepstakes, including, but not limited to, any damage or loss due to human error, incorrect or inaccurate transcription of entry information; (ii) acceptance/possession, use/misuse and/or defects of the Prize awarded herein and any Sponsor products or services purchased therewith; (iii) any technical malfunctions, interruptions, or failures of any kind; (iv) any damage to an Entrant’s (or a third person’s) computer, network, and/or phone and/or its contents related to or resulting from any part of the Sweepstakes; (v) unauthorized human intervention in any part of the entry process or the Sweepstakes. If for any reason an Entrant’s Entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Entrant’s sole remedy is another Entry in the Sweepstakes, if it is possible.
12. General Conditions: Sponsor reserves the right, in its sole and absolute discretion, to modify or terminate the Sweepstakes in the event of any act, occurrence, or reason that it believes corrupts the integrity, administration, or fairness of the Sweepstakes. Sponsor reserves the right, in its sole and absolute discretion, to disqualify any Entrant or other individual it finds to be: (i) tampering or attempting to tamper with the entry process or the smooth operation of the Sweepstakes, (ii) taking any action which corrupts or affects the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, or (iii) otherwise violating these Official Rules. If for any reason Sponsor is not capable of running these Sweepstakes as-planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes, the Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend the Sweepstakes in whole or in part, at any time, without notice. In such event, Sponsor may, in its sole discretion, (iv) hold a drawing excluding any Entrants suspected of taking any action which violates these Official Rules or otherwise tampering with the operation of the Sweepstakes, and whose entries were received as of or after (if applicable) such cancellation, termination, modification, or suspension date, or (v) take any other action which is fair and equitable under the circumstances.
13. Disputes: TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, EACH ENTRANT AGREES THAT ANY CLAIM OR DISPUTE RELATED TO OR ARISING OUT OF THE SWEEPSTAKES OR THESE OFFICIAL RULES SHALL BE FINALLY RESOLVED BY ARBITRATION AND SHALL BE BROUGHT INDIVIDUALLY AND NOT BY CLASS ACTION. THE ARBITRAL TRIBUNAL SHALL HAVE THE POWER TO RULE ON ANY CHALLENGE TO ITS OWN JURISDICTION OR TO THE VALIDITY OR ENFORCEABILITY OF ANY PORTION OF THIS AGREEMENT TO ARBITRATE. ARBITRATION SHALL BE HELD IN THE STATE OF TEXAS AND COUNTY OF TRAVIS. IN NO EVENT SHALL ENTRANT SEEK TO RESCIND ITS AGREEMENT WITH THESE OFFICIAL RULES.
Entrant further agrees that under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, indirect, punitive, incidental, and consequential damages and any other damages, expenses, or costs of whatever nature arising from the Sweepstakes. Entrant further waives all rights to have damages multiplied or otherwise increased in any form.
All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, Entrants’ rights and obligations, or the rights and obligations of Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Texas, without giving effect to any choice of law or conflict of law rules (whether of the State of Texas or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Texas.
14. Announcement of Winner; Questions; Winner List: The Winner will be announced in the comments section of the Sweepstakes Post, following the completion of the Sweepstakes and verification of the Winner. All questions and inquiries about the Sweepstakes may be submitted by sending a stamped, self-addressed envelope to the following mailing address:
Woodbolt Distribution, LLC d/b/a Nutrabolt
Performance Nation Sweepstakes
Attn: Legal Department
4407 Monterey Oaks Blvd, Suite 150
Austin, TX 78749
15. New Jersey Truth-in-Consumer Contract, Warranty and Notice Act - New Jersey Residents: The following provision applies to residents of the State of New Jersey. Pursuant to the New Jersey Truth-in-Consumer Contract, Warranty and Notice ACT (“TCCWNA”), N.J.S.A. 56:12-14 et seq., certain businesses are not permitted to offer or enter into written consumer contracts with consumers or prospective consumers which include any provision that violates any clearly established legal right of a consumer, or responsibility of the business, as established by state or Federal law. These Official Rules are intended to comply with TCCWNA. In the event of a conflict between these Official Rules and the TCCWNA, the terms of the TCCWNA take precedence and will control. The TCCWNA also requires businesses to specify which provisions are void, unenforceable, or inapplicable in the State of New Jersey. The following provisions of these Official Rules shall not be applicable to New Jersey residents: (i) provisions which limit the Sponsor’s liability for any tortious action or breach of contract by Sponsor; and (ii) provisions which limit the amount of damages which may be sought for any tortious action or breach of contract by Sponsor.